Olcott Bill Makes School Bonds Need 3/5ths Of Voters

The text as introduced · 353 words

90R4455 AMF-D

By: Olcott
H.B. No. 238

A BILL TO BE ENTITLED

AN ACT

relating to increasing the threshold of voter approval for a school

district bond election.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 45.003, Education Code, is amended by

amending Subsection (a) and adding Subsections (a-1) and (a-2) to

read as follows:

(a) Bonds described by Section 45.001 may not be issued and

taxes described by that section [ Section 45.001 or 45.002 ] may not

be levied unless authorized by three-fifths [ a majority ] of the

qualified voters of the district, voting at an election held for

that purpose, at the expense of the district, in accordance with the

Election Code, except as provided by this section.

(a-1) Taxes described by Section 45.002 may not be levied

unless authorized by a majority of the qualified voters of the

district, voting at an election held for that purpose, at the

expense of the district, in accordance with the Election Code,

except as provided by this section.

(a-2) Each election described by Subsection (a) or (a-1)

must be called by resolution or order of the governing board or

commissioners court. The resolution or order must state the date of

the election, the proposition or propositions to be submitted and

voted on, the polling place or places, and any other matters

considered necessary or advisable by the governing board or

commissioners court.

SECTION 2. Section 45.003(a), Education Code, as amended by

this Act, applies only to an election ordered on or after the

effective date of this Act. An election ordered before the

effective date of this Act is governed by the law in effect when the

election was ordered, and the former law is continued in effect for

that purpose.

SECTION 3. This Act takes effect January 1, 2028, but only

if the constitutional amendment proposed by the 90th Legislature,

Regular Session, 2027, increasing the threshold of voter approval

for a school district bond election is approved by the voters. If

that amendment is not approved by the voters, this Act has no

effect.